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HB 0789 2005

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1

An act relating to cosmetology; amending s. 476.044, F.S.; 2

correcting a cross reference; amending s. 477.013, F.S.; 3

redefining the term "cosmetology"; defining the term 4

"salon"; deleting additional definitions; creating s. 5

477.0131, F.S.; providing for subclassifications of 6

cosmetology licenses; amending s. 477.0132, F.S.; 7

providing for speciality registrations in shampooing, hair 8

braiding, hair wrapping, and body wrapping; providing 9

definitions; providing educational requirements; amending 10

s. 477.0135, F.S.; removing the exemption from licensure 11

under ch. 477, F.S., provided for persons whose practice 12

is confined solely to shampooing; amending s. 477.014, 13

F.S.; prohibiting a person from practicing, or holding 14

himself or herself out as qualified to practice, in an 15

area in which the person does not hold a license; 16

authorizing a cosmetologist who is licensed before the 17

effective date of the act to perform the services of a 18

licensed cosmetologist; authorizing a facial specialist or 19

nail technician who is registered or enrolled in a 20

cosmetology school before the effective date of the act to 21

take the examination for licensure; authorizing certain 22

specialists who are registered before the effective date 23

of the act to continue to practice under such 24

registration; amending s. 477.019, F.S.; providing 25

eligibility requirements for licensure to practice 26

cosmetology or a cosmetology specialty; providing for work 27

experience to be substituted for required educational 28

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hours for out-of-state cosmetologists, hairstylists, 29

estheticians, and nail technicians who apply for licensure 30

in this state; authorizing the Board of Cosmetology to 31

require certain licensees or registered specialists to 32

take a refresher course or examination; amending s. 33

477.0201, F.S.; specifying the qualifications for 34

registration in a specialty; providing for work experience 35

to be substituted for required educational hours for out-36

of-state specialists who apply for a specialty 37

registration in this state; amending s. 477.0212, F.S.; 38

increasing the fee required to reactivate or renew an 39

inactive license; requiring the board to prescribe by rule 40

the requirements for continuing education for license 41

renewal or reactivation; amending s. 477.023, F.S.; 42

providing for certification by the Department of Education 43

of programs in grooming and salon services within the 44

public school system; creating s. 477.0235, F.S.; 45

providing for the licensure of an independent contractor 46

who rents booth space; requiring the board to adopt rules 47

relating to the licensure of such independent contractors; 48

amending s. 477.025, F.S.; prohibiting booth rental salons 49

from operating without a license; providing licensure 50

requirements; requiring the board to adopt rules governing 51

the advertising of certain salons; authorizing the board 52

to adopt rules governing the inspection of booth rental 53

salons; amending s. 477.026, F.S.; requiring the board to 54

set fees for hairstylists, estheticians, nail technicians, 55

booth rental salons, booth renters, and cosmetologists; 56

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providing limits for such fees; deleting the requirement 57

that all moneys collected by fees be paid into the 58

Professional Regulation Trust Fund; amending s. 477.0263, 59

F.S.; requiring that cosmetology and specialty services be 60

provided only by persons who are licensed in cosmetology 61

or in a specialty; requiring that disposable implements or 62

disinfectant be used when hair braiding and hair wrapping 63

are practiced outside of a licensed salon; authorizing the 64

provision of cosmetology services and specialty services 65

by a licensed or registered practitioner in a location 66

other than a licensed salon under certain circumstances; 67

amending s. 477.0265, F.S.; prohibiting a person from 68

owning, operating, maintaining, or establishing a booth 69

rental salon under certain conditions; amending s. 70

477.028, F.S.; authorizing the board to revoke or suspend 71

the license of a hairstylist, esthetician, or nail 72

technician, or the registration of a specialist, under 73

certain circumstances; authorizing the board to revoke or 74

suspend the license of a booth rental salon under certain 75

circumstances; amending s. 477.029, F.S.; prohibiting a 76

person from holding himself or herself out as a 77

hairstylist, esthetician, nail technician, shampoo 78

specialist, or cosmetic specialist unless he or she is 79

duly licensed or registered; providing penalties; 80

providing an effective date. 81

82

Be It Enacted by the Legislature of the State of Florida: 83

84

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Section 1. Subsection (6) of section 476.044, Florida 85

Statutes, is amended to read: 86

476.044 Exemptions.--This chapter does not apply to the 87

following persons when practicing pursuant to their professional 88

responsibilities and duties: 89

(6) Persons who practice only shampooing as defined in s. 90

477.0132(1) 477.013 and whose practice is limited to the acts 91

described therein; or 92

Section 2. Section 477.013, Florida Statutes, is amended 93

to read: 94

477.013 Definitions.--As used in this chapter, the term: 95

(1) "Board" means the Board of Cosmetology. 96

(2) "Department" means the Department of Business and 97

Professional Regulation. 98

(3) "Cosmetologist" means a person who is licensed to 99

engage in the practice of cosmetology in this state under the 100

authority of this chapter. 101

(3)(4) "Cosmetology" means the practice of performing or 102

offering to perform for compensation any of the following 103

services for aesthetic rather than medical purposes: 104

(a) Hairstyling services, which include: 105

1. Treating a person's hair by: 106

a. Providing any method of treatment as a primary service, 107

including arranging, beautifying, lightening, cleansing, 108

coloring, cutting, dressing, processing, shampooing, shaping, 109

singeing, straightening, styling, tinting, or waving; 110

b. Providing a necessary service that is preparatory or 111

ancillary to a service under sub-subparagraph a., including 112

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clipping, cutting, or trimming; or 113

c. Cutting a person's hair as a separate and independent 114

service for which a charge is directly or indirectly made 115

separately from charges for any other service. 116

2. Weaving or braiding a person's hair. 117

3. Shampooing and conditioning a person's hair. 118

4. Servicing a person's wig or artificial hairpiece on a 119

person's head or on a block in any manner listed in subparagraph 120

1. 121

5. Treating a person's mustache or beard by arranging, 122

beautifying, coloring, processing, styling, or trimming. 123

(b) Esthetician services, which include: 124

1. Cleansing, exfoliating, stimulating, or manipulating 125

superficial tissues of a person's skin by hand or by using a 126

mechanical device, apparatus, or appliance with or without the 127

use of any cosmetic preparation, antiseptic, lotion, powder, 128

oil, clay, cream, or appliance. 129

2. Beautifying a person's skin using a cosmetic 130

preparation, antiseptic, lotion, powder, oil, clay, cream, or 131

appliance. 132

3. Administering facial treatments. 133

4. Removing superfluous hair from a person's body using 134

depilatories, threading, waxing, sugaring, epilating, or 135

tweezing. 136

5. Tinting eyebrows or eyelashes. 137

(c) Nail technician services, which include: 138

1. Treating a person's nails by: 139

a. Cutting, trimming, polishing, painting, printing, 140

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tinting, coloring, cleansing, manicuring, or pedicuring; or 141

b. Attaching artificial nails, extensions, or capping. 142

2. Manipulating superficial tissue or cleansing, treating, 143

or beautifying a person's forearms, hands, legs below the knee, 144

or feet mechanical or chemical treatment of the head, face, and 145

scalp for aesthetic rather than medical purposes, including, but 146

not limited to, hair shampooing, hair cutting, hair arranging, 147

hair coloring, permanent waving, and hair relaxing for 148

compensation. This term also includes performing hair removal, 149

including wax treatments, manicures, pedicures, and skin care 150

services. 151

(4) "Salon" means a place of business where one or more of 152

the cosmetology or specialty services are offered or performed 153

for compensation. 154

(5) "Specialist" means any person holding a specialty 155

registration in one or more of the specialties registered under 156

this chapter. 157

(6) "Specialty" means the practice of one or more of the 158

following: 159

(a) Manicuring, or the cutting, polishing, tinting, 160

coloring, cleansing, adding, or extending of the nails, and 161

massaging of the hands. This term includes any procedure or 162

process for the affixing of artificial nails, except those nails 163

which may be applied solely by use of a simple adhesive. 164

(b) Pedicuring, or the shaping, polishing, tinting, or 165

cleansing of the nails of the feet, and massaging or beautifying 166

of the feet. 167

(c) Facials, or the massaging or treating of the face or 168

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scalp with oils, creams, lotions, or other preparations, and 169

skin care services. 170

(7) "Shampooing" means the washing of the hair with soap 171

and water or with a special preparation, or applying hair 172

tonics. 173

(8) "Specialty salon" means any place of business wherein 174

the practice of one or all of the specialties as defined in 175

subsection (6) are engaged in or carried on. 176

(9) "Hair braiding" means the weaving or interweaving of 177

natural human hair for compensation without cutting, coloring, 178

permanent waving, relaxing, removing, or chemical treatment and 179

does not include the use of hair extensions or wefts. 180

(10) "Hair wrapping" means the wrapping of manufactured 181

materials around a strand or strands of human hair, for 182

compensation, without cutting, coloring, permanent waving, 183

relaxing, removing, weaving, chemically treating, braiding, 184

using hair extensions, or performing any other service defined 185

as cosmetology. 186

(5)(11) "Photography studio salon" means an establishment 187

where the hair-arranging services and the application of 188

cosmetic products are performed solely for the purpose of 189

preparing the model or client for the photographic session 190

without shampooing, cutting, coloring, permanent waving, 191

relaxing, or removing of hair or performing any other service 192

defined as cosmetology. 193

(12) "Body wrapping" means a treatment program that uses 194

herbal wraps for the purposes of cleansing and beautifying the 195

skin of the body, but does not include: 196

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(a) The application of oils, lotions, or other fluids to 197

the body, except fluids contained in presoaked materials used in 198

the wraps; or 199

(b) Manipulation of the body's superficial tissue, other 200

than that arising from compression emanating from the wrap 201

materials. 202

(13) "Skin care services" means the treatment of the skin 203

of the body, other than the head, face, and scalp, by the use of 204

a sponge, brush, cloth, or similar device to apply or remove a 205

chemical preparation or other substance, except that chemical 206

peels may be removed by peeling an applied preparation from the 207

skin by hand. Skin care services must be performed by a licensed 208

cosmetologist or facial specialist within a licensed cosmetology 209

or specialty salon, and such services may not involve massage, 210

as defined in s. 480.033(3), through manipulation of the 211

superficial tissue. 212

Section 3. Section 477.0131, Florida Statutes, is created 213

to read: 214

477.0131 Cosmetology licenses.-- 215

(1) A person who is otherwise qualified by this chapter 216

and who is authorized to practice all of the services listed in 217

s. 477.013(3)(a) shall be licensed as a hairstylist. 218



s. 477.013(3)(b) shall be licensed as an esthetician. 221



s. 477.013(3)(c) shall be licensed as a nail technician. 224

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s. 477.013(3) shall be licensed as a cosmetologist. 227


to read: 229

477.0132 Specialty registration in shampooing, hair 230

braiding, hair wrapping, and body wrapping registration.--Any 231

person who is otherwise qualified by this chapter and who is 232

authorized to practice in one or more of the following 233

specialties shall receive a specialty registration in the 234

corresponding specialty: 235

(1) "Shampooing" is the cleansing of hair with shampoo and 236

water or with a special preparation or the applying of hair 237

treatment or conditioners. "Shampooing" does not include the 238

application or removal of permanent waves, relaxers, hair 239

coloring, or lighteners. A person whose occupation or practice 240

is confined solely to shampooing shall apply to the department, 241

shall pay the applicable registration fees, and shall have taken 242

and passed a course consisting of a minimum of 16 hours. The 243

course shall be approved by the Department of Education and 244

consist of 4 hours of instruction in HIV/AIDS and other 245

communicable diseases, 5 hours of instruction in sanitation and 246

sterilization, 5 hours of instruction in disorders and diseases 247

of the scalp, and 2 hours of instruction regarding laws 248

affecting shampooing and services established by the board. 249

(2) "Hair braiding" is the weaving or interweaving of hair 250

for compensation without cutting, coloring, permanent waving, 251

relaxing, removing, or chemical treatment. A person whose 252

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occupation or practice is confined solely to hair braiding shall 253

apply to the department, shall pay the applicable registration 254

fees, and shall have taken and passed a course consisting of a 255

minimum of 40 hours. The course shall be approved by the 256

Department of Education and consist of 4 hours of instruction in 257

HIV/AIDS and other communicable diseases, 5 hours of instruction 258

in sanitation and sterilization, 5 hours of instruction in 259

disorders and diseases of the scalp, 24 hours of instruction in 260

the application and removal of hair braiding, and 2 hours of 261

instruction regarding laws affecting hair braiding. 262

(3) "Hair wrapping" is the wrapping of manufactured 263

materials around a strand or strands of human hair for 264

compensation without cutting, shampooing, coloring, permanent 265

waving, relaxing, removing, weaving, chemically treating, 266

braiding, using hair extensions, or performing any other service 267

defined as cosmetology. A person whose occupation or practice is 268

confined solely to hair wrapping shall apply to the department, 269

shall pay the applicable registration fees, and shall have taken 270

and passed a course consisting of a minimum of 24 hours. The 271

course shall be approved by the Department of Education and 272

consist of 4 hours of instruction in HIV/AIDS and other 273

communicable diseases, 5 hours of instruction in sanitation and 274


of the scalp, 8 hours of instruction in the application of hair 276

wrapping, and 2 hours of instruction regarding laws affecting 277

hair wrapping and services established by the board. 278

(4)(a) "Body wrapping," which is a treatment program that 279

uses wraps for the purposes of cleansing and beautifying the 280

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skin of the body for aesthetic rather than medical or weight-281

loss purposes, is the application of oils, lotions, or other 282

fluids to the body using wraps. "Body wrapping" does not include 283

manipulation of the body's superficial tissue other than 284

compression by the wrap materials. 285

(b) A person whose occupation or practice is confined 286

solely to body wrapping shall apply to the department, shall pay 287

the applicable registration fees, and shall have taken and 288

passed a course consisting of a minimum of 250 hours. The course 289

shall be approved by the Department of Education and consist of 290

4 hours of instruction in HIV/AIDS and other communicable 291

diseases, 5 hours of instruction in sanitation and 292


of the skin, 234 hours of training in the practice of body 294

wrapping, and 2 hours of instruction regarding laws affecting 295

body wrapping and services established by the board. 296

(1)(a) Persons whose occupation or practice is confined 297

solely to hair braiding must register with the department, pay 298

the applicable registration fee, and take a two-day 16-hour 299

course. The course shall be board approved and consist of 5 300

hours of HIV/AIDS and other communicable diseases, 5 hours of 301

sanitation and sterilization, 4 hours of disorders and diseases 302

of the scalp, and 2 hours of studies regarding laws affecting 303

hair braiding. 304

(b) Persons whose occupation or practice is confined 305

solely to hair wrapping must register with the department, pay 306

the applicable registration fee, and take a one-day 6-hour 307

course. The course shall be board approved and consist of 308

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education in HIV/AIDS and other communicable diseases, 309

sanitation and sterilization, disorders and diseases of the 310

scalp, and studies regarding laws affecting hair wrapping. 311

(c) Unless otherwise licensed or exempted from licensure 312

under this chapter, any person whose occupation or practice is 313

body wrapping must register with the department, pay the 314

applicable registration fee, and take a two-day 12-hour course. 315

The course shall be board approved and consist of education in 316

HIV/AIDS and other communicable diseases, sanitation and 317

sterilization, disorders and diseases of the skin, and studies 318

regarding laws affecting body wrapping. 319

(d) Only the board may review, evaluate, and approve a 320

course required of an applicant for registration under this 321

subsection in the occupation or practice of hair braiding, hair 322

wrapping, or body wrapping. A provider of such a course is not 323

required to hold a license under chapter 1005. 324

(2) Hair braiding, hair wrapping, and body wrapping are 325

not required to be practiced in a cosmetology salon or specialty 326

salon. When hair braiding, hair wrapping, or body wrapping is 327

practiced outside a cosmetology salon or specialty salon, 328

disposable implements must be used or all implements must be 329

sanitized in a disinfectant approved for hospital use or 330

approved by the federal Environmental Protection Agency. 331

(3) Pending issuance of registration, a person is eligible 332

to practice hair braiding, hair wrapping, or body wrapping upon 333

submission of a registration application that includes proof of 334

successful completion of the education requirements and payment 335

of the applicable fees required by this chapter. 336

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to read: 338

477.0135 Exemptions.-- 339

(1) This chapter does not apply to the following persons 340

when practicing pursuant to their professional or occupational 341

responsibilities and duties: 342

(a) Persons authorized under the laws of this state to 343

practice medicine, surgery, osteopathic medicine, chiropractic 344

medicine, massage, naturopathy, or podiatric medicine. 345

(b) Commissioned medical or surgical officers of the 346

United States Armed Forces hospital services. 347

(c) Registered nurses under the laws of this state. 348

(d) Persons practicing barbering under the laws of this 349

state. 350

(e) Persons employed in federal, state, or local 351

institutions, hospitals, or military bases as cosmetologists 352

whose practices are limited to the inmates, patients, or 353

authorized military personnel of such institutions, hospitals, 354

or bases. 355

(f) Persons whose practice is limited to the application 356

of cosmetic products to another person in connection with the 357

sale, or attempted sale, of such products at retail without 358

compensation from such other person other than the regular 359

retail price of such merchandise. 360

(2) A license is not required of any person whose 361

occupation or practice is confined solely to shampooing. 362

(2)(3) A license or registration is not required of any 363

person whose occupation or practice is confined solely to 364

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cutting, trimming, polishing, or cleansing the fingernails of 365

any person when said cutting, trimming, polishing, or cleansing 366

is done in a barbershop licensed pursuant to chapter 476 which 367

is carrying on a regular and customary business of barbering, 368

and such individual has been practicing the activities set forth 369

in this subsection prior to October 1, 1985. 370

(3)(4) A photography studio salon is exempt from the 371

licensure provisions of this chapter. However, the hair-372

arranging services of such salon must be performed under the 373

supervision of a licensed cosmetologist employed by the salon. 374

The salon must use disposable hair-arranging implements or use a 375

wet or dry sanitizing system approved by the federal 376

Environmental Protection Agency. 377

(4)(5) A license is not required of any individual 378

providing makeup, special effects, or cosmetology services to an 379

actor, stunt person, musician, extra, or other talent during a 380

production recognized by the Office of Film and Entertainment as 381

a qualified production as defined in s. 288.1254(2). Such 382

services are not required to be performed in a licensed salon. 383

Individuals exempt under this subsection may not provide such 384

services to the general public. 385

(5)(6) A license is not required of any individual 386

providing makeup or special effects services in a theme park or 387

entertainment complex to an actor, stunt person, musician, 388

extra, or other talent, or providing makeup or special effects 389

services to the general public. The term "theme park or 390

entertainment complex" has the same meaning as in s. 509.013(9). 391


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to read: 393

477.014 Qualifications for practice.-- 394

(1) On and after July 1, 2005, a January 1, 1979, no 395

person other than a duly licensed cosmetologist may not shall 396

practice in any of the cosmetology areas provided in s. 397

477.013(3) or use the name or title of cosmetologist, 398

hairstylist, esthetician, or nail technician. 399

(2) A person licensed on or after July 1, 2005, may not 400

practice or hold himself or herself out as qualified to practice 401

in an area in which he or she is not specifically licensed. 402

(3) A cosmetologist licensed before July 1, 2005, may 403

perform all the services of a licensed cosmetologist as defined 404

in this chapter. 405

(4) A facial specialist registered or enrolled in a 406

cosmetology school before July 1, 2005, may take the examination 407

for an esthetician license. 408

(5) A manicure, pedicure, or nail extension specialist 409

registered or enrolled in a cosmetology school before July 1, 410

2005, may take the examination for a nail technician license. 411

(6) A specialist registered under this chapter before July 412

1, 2005, may choose not to take a licensure examination and may 413

continue to practice under the name of his or her specialty 414

registration. 415


to read: 417

477.019 Cosmetologists; hairstylists; estheticians; nail 418

technicians; qualifications; licensure; supervised practice; 419

license renewal; endorsement; continuing education.-- 420

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(1) A person desiring to be licensed in the field of 421

cosmetology as a cosmetologist shall apply to the department for 422

licensure. 423

(2) An applicant is shall be eligible for licensure by 424

examination to practice cosmetology, hairstylist services, 425

esthetician services, or nail technician services if the 426

applicant: 427

(a) Is at least 16 years of age and or has received a high 428

school diploma or graduate equivalency diploma or has passed an 429

ability-to-benefit test, which is an independently administered 430

test approved by the United States Secretary of Education as 431

provided in 20 U.S.C. s. 1091(d).; 432

(b) Pays the required application fee, which is not 433

refundable, and the required examination fee, which is 434

refundable if the applicant is determined to not be eligible for 435

licensure for any reason other than failure to successfully 436

complete the licensure examination.; and 437

(c)1. Is authorized to practice cosmetology in another 438

state or country, has been so authorized for at least 1 year, 439

and does not qualify for licensure by endorsement as provided 440

for in subsection (6); or 441

2.a. Has received a minimum of hours of training as 442

follows: 443

(I) One thousand two hundred hours for a hairstylist. 444

(II) Six hundred hours for an esthetician. 445

(III) Six hundred hours for a nail technician. 446

(IV) Two thousand four hundred hours for a cosmetologist. 447

b. The training Has received a minimum of 1,200 hours of 448

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training as established by the board, which shall include, but 449

need shall not be limited to, the equivalent of completion of 450

services directly related to the practice of cosmetology at one 451

of the following: 452

(I)a. A school of cosmetology licensed pursuant to chapter 453

1005. 454

(II)b. A cosmetology program within the public school 455

system. 456

(III)c. The Cosmetology Division of the Florida School for 457

the Deaf and the Blind, provided the division meets the 458

standards of this chapter. 459

(IV)d. A government-operated cosmetology program in this 460

state. 461

c. A person who has enrolled and begun his or her 462

education before July 1, 2005, may take the examination to be 463

licensed as a cosmetologist upon completion of 1,200 hours of 464

education. 465

d. A person who begins his or her education on or after 466

July 1, 2005, shall comply with the training requirements in 467

sub-subparagraph a. in order to qualify to take the respective 468

examination. 469

470

The board shall establish by rule procedures whereby the school 471

or program may certify that a person is qualified to take the 472

required examination after the completion of a minimum of 1,000 473

actual school hours. If the person then passes the examination, 474

he or she shall have satisfied this requirement; but if the 475

person fails the examination, he or she shall not be qualified 476

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to take the examination again until the completion of the full 477

requirements provided by this section. 478

(3) Upon an applicant receiving a passing grade, as 479

established by board rule, on the examination and paying the 480

initial licensing fee, the department shall issue a license to 481

practice in the respective area of cosmetology provided in s. 482

477.013(3). 483

(4) Following the completion of the training specified in 484

subsection (2), a graduate may apply for a license that will 485

enable such graduate to practice in his or her cosmetology area 486

if he or she practices under the supervision of a person 487

licensed in the graduate's practice area in a licensed salon. 488

The board shall establish rules governing the practice of 489

qualified graduates and the duration of the practice first 490

licensing examination and pending the results of that 491

examination and issuance of a license to practice cosmetology, 492

graduates of licensed cosmetology schools or cosmetology 493

programs offered in public school systems, which schools or 494

programs are certified by the Department of Education, are 495

eligible to practice cosmetology, provided such graduates 496

practice under the supervision of a licensed cosmetologist in a 497

licensed cosmetology salon. A graduate who fails the first 498

examination may continue to practice under the supervision of a 499

licensed cosmetologist in a licensed cosmetology salon if the 500

graduate applies for the next available examination and until 501

the graduate receives the results of that examination. No 502

graduate may continue to practice under this subsection if the 503

graduate fails the examination twice. 504

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(5) Renewal of license registration shall be accomplished 505

pursuant to rules adopted by the board. 506

(6) The board shall adopt rules specifying procedures for 507

the licensure by endorsement of practitioners desiring to be 508

licensed in this state who hold a current active license in 509

another state and who have met qualifications substantially 510

similar to, equivalent to, or greater than the qualifications 511

required of applicants from this state. For purposes of this 512

subsection, work experience may be substituted for required 513

educational hours in the amount and manner provided by rule. 514

(7)(a) The board shall prescribe by rule continuing 515

education requirements for licensees and registered specialists 516

that intended to ensure the protection of the public through 517

updated training of licensees and registered specialists, not to 518

exceed 16 hours biennially, as a condition for renewal of a 519

license or registration as a specialist under this chapter. 520

Continuing education courses shall include, but need not be 521

limited to, the following subjects as they relate to the 522

practice of cosmetology: human immunodeficiency virus and 523

acquired immune deficiency syndrome; Occupational Safety and 524

Health Administration regulations; workers' compensation issues; 525

state and federal laws and rules as they pertain to booth rental 526

and the practice of cosmetology cosmetologists, cosmetology, 527

salons, specialists, specialty salons, and booth renters; 528

chemical makeup as it pertains to hair, skin, and nails; and 529

environmental issues. Courses given at educational cosmetology 530

conferences may be counted toward the number of continuing 531

education hours required if approved by the board. 532

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(b) Any person whose occupation or practice is confined 533

solely to hair braiding, hair wrapping, or body wrapping is 534

exempt from the continuing education requirements of this 535

subsection. 536

(b)(c) The board may, by rule, require any licensee or 537

registered specialist who has not been in the active practice of 538

cosmetology for 2 years or more in violation of a continuing 539

education requirement to take a refresher course or refresher 540

course and examination in addition to any other penalty. The 541

number of hours for the refresher course may not exceed 500 48 542

hours. 543

Section 8. Subsections (1) and (5) of section 477.0201, 544

Florida Statutes, are amended to read: 545

477.0201 Specialty registration; qualifications; 546

registration renewal; endorsement.-- 547

(1) Any person is qualified for registration as a 548

specialist in any one or more of the specialty practices listed 549

in s. 477.0132 within the practice of cosmetology under this 550

chapter who: 551

(a) Is at least 16 years of age and or has received a high 552

school diploma or graduate equivalency diploma or has passed an 553

ability-to-benefit test, which is an independently administered 554

test approved by the United States Secretary of Education as 555

provided in 20 U.S.C. s. 1091(d). 556

(b) Has received a certificate of completion in a 557

specialty course pursuant to s. 477.0132 477.013(6) from one of 558

the following: 559

1. A school licensed pursuant to s. 477.023. 560

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2. A school licensed pursuant to chapter 1005 or the 561

equivalent licensing authority of another state. 562

3. A specialty program within the public school system. 563

4. A specialty division within the Cosmetology Division of 564

the Florida School for the Deaf and the Blind, provided the 565

training programs comply with minimum curriculum requirements 566

established by the board. 567

(5) The board shall adopt rules specifying procedures for 568

the registration of specialty practitioners desiring to be 569

registered in this state who have been registered or licensed 570

and are practicing in states which have registering or licensing 571

standards substantially similar to, equivalent to, or more 572

stringent than the standards of this state. For purposes of this 573

subsection, work experience may be substituted for required 574

educational hours in the amount and manner provided by rule. 575



477.0212 Inactive status.-- 578

(2) The board shall adopt promulgate rules relating to 579

licenses that which have become inactive and for the renewal of 580

inactive licenses. The board shall prescribe by rule a fee not 581

to exceed $100 $50 for the reactivation of an inactive license 582

and a fee not to exceed $100 $50 for the renewal of an inactive 583

license. The board shall prescribe by rule the continuing 584

education requirements to be met prior to license renewal or 585

reactivation. 586


to read: 588

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477.023 Schools of cosmetology; licensure.--A No private 589

school of cosmetology may not shall be permitted to operate 590

without a license issued by the Commission for Independent 591

Education pursuant to chapter 1005. However, this chapter does 592

not nothing herein shall be construed to prevent certification 593

by the Department of Education of grooming and salon services 594

and cosmetology training programs within the public school 595

system or to prevent government operation of any other program 596

of cosmetology in this state. 597

Section 11. Section 477.0235, Florida Statutes, is created 598

to read: 599

477.0235 Independent contractor; booth renter license.-- 600

(1) A person licensed or registered under this chapter may 601

not lease or rent space on the premises of a beauty salon to 602

engage as an independent contractor in the practice of 603

cosmetology or a cosmetological specialty unless the person also 604

holds a booth renter license issued under this section and meets 605

the guidelines of the Internal Revenue Service as stated in 26 606

U.S.C. s. 3121(d)(2) of the Internal Revenue Code. 607

(2) An application for a booth renter license must: 608

(a) Be on a form prescribed by the board. 609

(b) Contain information as required by board rule. 610

(c) Include a copy of the contract. 611

(3) The applicant is entitled to a booth renter license if 612

the applicant: 613

(a) Pays the application fee. 614

(b) Complies with board rules. 615

(c) Has not committed an act that constitutes grounds for 616

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denial of a license or certificate. 617

(4) The board shall adopt rules relating to the 618

information submitted for a booth renter license, including 619

information regarding the applicant's compliance with state and 620

federal tax laws. 621


to read: 623

477.025 Cosmetology salons; specialty salons; booth rental 624

salons; requisites; licensure; inspection; mobile cosmetology 625

salons.-- 626

(1) A No cosmetology salon, or specialty salon, or booth 627

rental salon may not shall be permitted to operate without a 628

license issued by the department except as provided in 629

subsection (11). 630

(2) The board shall adopt rules governing the licensure 631

and operation of salons, and specialty salons, and booth rental 632

salons; and their facilities, personnel, advertising, and safety 633

and sanitation sanitary requirements;, and the license 634

application and granting process. 635

(3) Any person, firm, or corporation desiring to operate a 636

cosmetology salon, or specialty salon, or booth rental salon in 637

the state shall submit to the department an application upon 638

forms provided by the department and accompanied by any relevant 639

information requested by the department and by an application 640

fee. 641

(4) Upon receiving the application, the department may 642

cause an investigation to be made of the proposed cosmetology 643

salon, or specialty salon, or booth rental salon. 644

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(5) If When an applicant fails to meet all the 645

requirements provided in this section herein, the department 646

shall deny the application in writing and shall list the 647

specific requirements not met. An No applicant denied licensure 648

because of failure to meet the requirements of this section is 649

not herein shall be precluded from reapplying for licensure. 650

(6) When the department determines that the proposed 651

cosmetology salon, or specialty salon, or booth rental salon may 652

reasonably be expected to meet the requirements set forth in 653

this section herein, the department shall grant the license upon 654

such conditions as it deems shall deem proper under the 655

circumstances and upon payment of the original licensing fee. 656

(7) A No license for operation of a cosmetology salon, or 657

specialty salon, or booth rental salon may not be transferred 658

from the name of the original licensee to another. It may be 659

transferred from one location to another only upon approval by 660

the department, which approval may shall not be unreasonably 661

withheld. 662

(8) Renewal of license registration for cosmetology 663

salons, or specialty salons, or booth rental salons shall be 664

accomplished pursuant to rules adopted by the board. The board 665

is further authorized to adopt rules governing delinquent 666

renewal of licenses and may impose penalty fees for delinquent 667

renewal. 668

(9) The board may is authorized to adopt rules governing 669

the periodic inspection of cosmetology salons, and specialty 670

salons, and booth rental salons licensed under this chapter. 671

(10)(a) The board shall adopt rules governing the 672

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licensure, operation, and inspection of mobile cosmetology 673

salons, including their facilities, personnel, and safety and 674

sanitation sanitary requirements. 675

(b) Each mobile salon shall must comply with all licensure 676

and operating requirements specified in this chapter or chapter 677

455 or rules of the board or department that apply to 678

cosmetology salons at fixed locations, except to the extent that 679

such requirements conflict with this subsection or rules adopted 680

pursuant to this subsection. 681

(c) A mobile cosmetology salon shall must maintain a 682

permanent business address, located in the inspection area of 683

the local department office, at which records of appointments, 684

itineraries, license numbers of employees, and vehicle 685

identification numbers of the licenseholder's mobile salon shall 686

be kept and made available for verification purposes by 687

department personnel, and at which correspondence from the 688

department can be received. 689

(d) To facilitate periodic inspections of mobile 690

cosmetology salons, prior to the beginning of each month each 691

mobile salon licenseholder shall must file with the board a 692

written monthly itinerary listing the locations where and the 693

dates and hours when the mobile salon will be operating. 694

(e) The board shall establish fees for mobile cosmetology 695

salons, not to exceed the fees for cosmetology salons at fixed 696

locations. 697

(f) The operation of mobile cosmetology salons shall must 698

be in compliance with all local laws and ordinances regulating 699

business establishments, with all applicable requirements of the 700

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Americans with Disabilities Act relating to accommodations for 701

persons with disabilities, and with all applicable OSHA 702

requirements. 703

(11) Facilities licensed under part II or part III of 704

chapter 400 shall be exempt from the provisions of this section 705

and a cosmetologist licensed pursuant to s. 477.019 may provide 706

salon services exclusively for facility residents. 707


to read: 709

477.026 Fees; disposition.-- 710

(1) The board shall set fees according to the following 711

schedule: 712

(a) For hairstylists, estheticians, nail technicians, or 713

cosmetologists, fees for original licensing, license renewal, 714

and delinquent renewal may shall not exceed $50 $25. 715

(b) For hairstylists, estheticians, nail technicians, or 716

cosmetologists, fees for endorsement application, examination, 717

and reexamination may shall not exceed $150 $50. 718

(c) For cosmetology salons, booth rental salons, and 719

specialty salons, fees for license application, original 720

licensing, license renewal, and delinquent renewal may shall not 721

exceed $100 $50. 722

(d) For specialty registrations specialists, fees for 723

application and endorsement registration may shall not exceed 724

$60 $30. 725

(e) For specialty registrations specialists, fees for 726

initial registration, registration renewal, and delinquent 727

renewal may shall not exceed $50. 728

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(f) For booth renters hair braiders, hair wrappers, and 729

body wrappers, fees for original licensing, license renewal, and 730

delinquent renewal may registration shall not exceed $50 $25. 731

(2) All moneys collected by the department from fees 732

authorized by this chapter shall be paid into the Professional 733

Regulation Trust Fund, which fund is created in the department, 734

and shall be applied in accordance with ss. 215.37 and 455.219. 735

The Legislature may appropriate any excess moneys from this 736

fund to the General Revenue Fund. 737

(2)(3) The department, with the advice of the board, shall 738

prepare and submit a proposed budget in accordance with law. 739


to read: 741

477.0263 Cosmetology services to be performed in licensed 742

salon; exceptions exception.-- 743

(1) Cosmetology or specialty services shall be performed 744

only by licensed cosmetologists, hairstylists, estheticians, 745

nail technicians, shampoo specialists, cosmetic specialists, or 746

body wrappers in licensed salons, except as otherwise provided 747

in this section. 748

(2) Hair braiding and hair wrapping need not be practiced 749

in a licensed salon. When hair braiding and hair wrapping are 750

practiced outside a licensed salon, disposable implements must 751

be used or all implements must be sanitized in a disinfectant 752

approved for hospital use or by the United States Environmental 753

Protection Agency. 754

(3)(2) Pursuant to rules established by the board, 755

cosmetology services may be performed by a licensed 756

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cosmetologist, hairstylist, esthetician, nail technician, or 757

speciality registrant in a location other than a licensed salon, 758

including, but not limited to, a nursing home, hospital, or 759

residence, when a client for reasons of ill health is unable to 760

go to a licensed salon. Arrangements for the performance of such 761

cosmetology services in a location other than a licensed salon 762

shall be made only through a licensed salon. 763

(4)(3) Any person who holds a valid cosmetology license in 764

any state or who is authorized to practice cosmetology in any 765

country, territory, or jurisdiction of the United States may 766

perform cosmetology services in a location other than a licensed 767

salon when such services are performed in connection with the 768

motion picture, fashion photography, theatrical, or television 769

industry; a photography studio salon; a manufacturer trade show 770

demonstration; a department store demonstration; or an 771

educational seminar. 772

(5) Pursuant to rules established by the board, 773

cosmetology, hairstylist, esthetician, nail technician, or 774

specialty services may be performed in a location other than a 775

licensed salon when such services are performed in connection 776

with a special event and are performed by a person holding the 777

proper license or specialty registration. Arrangements for the 778

performance of such services in a location other than a licensed 779

salon shall be made only through a licensed salon. 780



477.0265 Prohibited acts.-- 783

(1) It is unlawful for any person to: 784

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(a) Engage in the practice of cosmetology or a specialty 785

without an active license in the field of cosmetology as a 786

cosmetologist or registration as a specialist issued by the 787

department pursuant to the provisions of this chapter. 788

(b) Own, operate, maintain, open, establish, conduct, or 789

have charge of, either alone or with another person or persons, 790

a cosmetology salon, or specialty salon, or booth rental salon: 791

1. Which is not licensed under the provisions of this 792

chapter; or 793

2. In which a person not licensed in the field of 794

cosmetology or registered as a cosmetologist or registered as a 795

specialist is permitted to perform cosmetology services or any 796

specialty. 797

(c) Engage in willful or repeated violations of this 798

chapter or of any rule adopted by the board. 799

(d) Permit an employed person to engage in the practice of 800

cosmetology or of a specialty unless such person holds a valid, 801

active license in the field of cosmetology as a cosmetologist or 802

registration as a specialist. 803

(e) Obtain or attempt to obtain a license or registration 804

for money, other than the required fee, or any other thing of 805

value or by fraudulent misrepresentations. 806

(f) Use or attempt to use a license to practice in the 807

field of cosmetology or a registration to practice a specialty, 808

which license or registration is suspended or revoked. 809

(g) Advertise or imply that skin care services or body 810

wrapping, as performed under this chapter, has have any 811

relationship to the practice of massage therapy as defined in s. 812

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480.033(3), except those practices or activities defined in s. 813

477.013. 814

(h) In the practice of cosmetology, use or possess a 815

cosmetic product containing a liquid nail monomer containing any 816

trace of methyl methacrylate (MMA). 817


to read: 819

477.028 Disciplinary proceedings.-- 820

(1) The board may shall have the power to revoke or 821

suspend the license of a cosmetologist, hairstylist, 822

esthetician, or nail technician licensed under this chapter, or 823

the registration of a specialist registered under this chapter, 824

and may to reprimand, censure, deny subsequent licensure or 825

registration of, or otherwise discipline a cosmetologist, 826

hairstylist, esthetician, nail technician, or other a specialist 827

licensed or registered under this chapter in any of the 828

following cases: 829

(a) Upon proof that a license or registration has been 830

obtained by fraud or misrepresentation. 831

(b) Upon proof that the holder of a license or 832

registration is guilty of fraud or deceit or of gross 833

negligence, incompetency, or misconduct in the practice or 834

instruction of cosmetology or a specialty. 835

(c) Upon proof that the holder of a license or 836

registration is guilty of aiding, assisting, procuring, or 837

advising any unlicensed person to practice in the field of 838

cosmetology as a cosmetologist. 839

(2) The board may shall have the power to revoke or 840

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suspend the license of a cosmetology salon, or a specialty 841

salon, or booth rental salon licensed under this chapter;, to 842

deny subsequent licensure of such salon;, or to reprimand, 843

censure, or otherwise discipline the owner of such salon in 844

either of the following cases: 845

(a) Upon proof that a license has been obtained by fraud 846

or misrepresentation. 847

(b) Upon proof that the holder of a license is guilty of 848

fraud or deceit or of gross negligence, incompetency, or 849

misconduct in the operation of the salon so licensed. 850

(3) Disciplinary proceedings shall be conducted pursuant 851

to the provisions of chapter 120. 852

(4) The department may shall not issue or renew a license 853

or certificate of registration under this chapter to any person 854

against whom or salon against which the board has assessed a 855

fine, interest, or costs associated with investigation and 856

prosecution until the person or salon has paid in full such 857

fine, interest, or costs associated with investigation and 858

prosecution or until the person or salon complies with or 859

satisfies all terms and conditions of the final order. 860


to read: 862

477.029 Penalty.-- 863

(1) It is unlawful for any person to: 864

(a) Hold himself or herself out as a cosmetologist, 865

hairstylist, esthetician, nail technician, shampoo specialist, 866

cosmetic specialist, hair wrapper, hair braider, or body wrapper 867

unless duly licensed or registered, or otherwise authorized, as 868

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provided in this chapter. 869

(b) Operate any cosmetology salon unless it has been duly 870

licensed as provided in this chapter. 871

(c) Permit an employed person to practice in the field of 872

cosmetology, in or a cosmetological specialty, or as a 873

hairstylist, esthetician, or nail technician unless duly 874

licensed or registered, or otherwise authorized, as provided in 875

this chapter. 876

(d) Present as his or her own the license of another. 877

(e) Give false or forged evidence to the department in 878

obtaining any license provided for in this chapter. 879

(f) Impersonate any other licenseholder of like or 880

different name. 881

(g) Use or attempt to use a license that has been revoked. 882

(h) Violate any provision of s. 455.227(1), s. 477.0265, 883

or s. 477.028. 884

(i) Violate or refuse to comply with any provision of this 885

chapter or chapter 455 or a rule or final order of the board or 886

the department. 887

(2) Any person who violates the provisions of this section 888

is shall be subject to one or more of the following penalties, 889

as determined by the board: 890

(a) Revocation or suspension of any license or 891

registration issued pursuant to this chapter. 892

(b) Issuance of a reprimand or censure. 893

(c) Imposition of an administrative fine not to exceed 894

$500 for each count or separate offense. 895

(d) Placement on probation for a period of time and 896

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subject to such reasonable conditions as the board may specify. 897

(e) Refusal to certify to the department an applicant for 898

licensure. 899

Section 18. This act shall take effect July 1, 2005. 900

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